Chapter I General Provisions
Article 1 In order to strengthen the protection of Shao water, prevention and control of water pollution, improve the water environment, and promote the construction of ecological civilization, according to the relevant laws and regulations, combined with the actual situation in the city, the formulation of these regulations.
The second Shao water basin water pollution prevention and control, ecological protection, river management and other activities, the application of these regulations.
The Shao water referred to in these regulations refers to the main stream from the northwestern foot of Huilongfeng in Shuangfeng Township, Shaodong County to Yanjiang Bridge in Shaoyang City District, and its tributaries such as Shiba River (also known as Lushui River), Crouch River, Xiyang River (also known as Longshan River), Tanjiang River and Hongqi River.
The Shao water basin referred to in this Ordinance refers to the area within the city where rainfall converges into the Shao water, the specific scope of which shall be determined by the Municipal People's Government and announced to the public.
Article 3 The municipal people's government of Shao water protection unified leadership, Shao water protection into the national economy and social development plan, is responsible for organizing the development of Shao water protection of comprehensive planning and related professional planning, the establishment and implementation of Shao water protection goals and responsibilities of the annual assessment system and accountability system, and supervise the relevant departments and the people's government of the lower levels of the Shao water protection responsibilities in accordance with the law.
The people's governments of the counties in the Shao water basin are responsible for the protection of Shao water in their administrative areas, incorporating the protection of Shao water into the national economic and social development plan, and formulating the implementation plan for the protection of Shao water in their administrative areas in accordance with the comprehensive plan for the protection of Shao water and the relevant professional planning organized by the municipal people's government, as well as organizing the implementation of an annual appraisal system of the target responsibility for the protection of Shao water and a system of responsibility accountability.
Shaoyang Economic Development Zone Management Committee in accordance with the municipal people's government given the authority to implement supervision and management of the Shao water protection work within the jurisdiction.
Shao water basin township people's government, street offices should do the specific work related to the protection of Shao water within the jurisdiction; Shao water basin village (neighborhood) shall assist in the protection of Shao water related work.
Shao water protection work as leading cadres of natural resource asset audit.
Article 4 The people's governments at or above the county level in the Shao water basin shall, in accordance with their respective responsibilities, do a good job of the work related to the protection of Shao water in the administrative area, including the departments in charge of water administration, ecology and environment, urban management, natural resources and planning, industry and informatization, agriculture and rural areas, forestry, development and reform, finance, traffic and transportation, construction, public security, emergency management and so on.
Article 5 The people's governments at or above the county level in the Shao water basin shall incorporate the funds required for the protection of Shao water into the financial budget at this level; establish an ecological protection compensation mechanism, and give appropriate compensation to the units and individuals who have suffered direct losses for the purpose of repairing and improving the ecosystem of Shao water.
Article 6 Shao water protection river chief system. The establishment of the river chief, specific duties and working mechanism, in accordance with the relevant provisions of the state, provinces and municipalities.
The river chief shall strengthen the daily inspection of the Shao water basin, and supervise the relevant departments and the next level of river chiefs to fulfill the duties related to the protection of Shao water; for the departments and the next level of river chiefs who have not fulfilled the duties related to the protection of Shao water in accordance with the provisions of the regulations, they may interview the head of the department and the next level of river chiefs, and they may also request the people's government of the current level to interview the head of the department and the next level of river chiefs.
Article 7 The people's governments at or above the county level of the Shao water basin and their relevant departments shall organize, guide, support and encourage enterprises and institutions, social organizations, volunteers and other social forces to participate in the protection of Shao water.
Any unit or individual has the obligation to protect Shao water, and has the right to complain or report the behavior that obstructs the protection of Shao water. Shao water basin people's governments at or above the county level shall publicize the complaints, reports, complaints, reports of the responsible departments or units shall be responsible for the handling of complaints, reports within three working days to the complaints, reports of the acceptance of the situation, within one month to the complaints, reports of the feedback of the investigation and handling of the situation.
Shao water protection work remarkable units and individuals, by the people's government at or above the county level to give recognition and reward.
Article VIII of the Shao water basin people's governments at or above the county level in the people's congress at this level and its standing committee to report on the state of the environment and environmental protection objectives, shall be included in the report of the Shao water protection work, according to law, accept supervision.
Chapter II Prevention and Control of Water Pollution
Article 9 The Shao Water Basin implements a system for controlling the total amount of key water pollutants discharged.
The municipal people's government shall, according to the people's government of the higher level of the key water pollutant discharge total control targets, combined with the actual situation of the Shao water basin counties (cities, districts) for the decomposition of implementation; enterprises and institutions in the implementation of the national and local pollutant discharge standards at the same time, shall comply with the decomposition of the implementation of the key water pollutants into the total emission control targets of the unit.
Over the total amount of key water pollutant discharge control targets or failure to complete the water environment quality improvement goals of the county (city, district), the municipal people's government department in charge of ecology and environment shall, together with the relevant departments, interviewed the main person in charge of the people's government of the county (city, district), and suspend the approval of the total amount of new key water pollutant discharge of the construction project of the environmental impact assessment documents. The interview shall be made public.
Article X Shao water basin implementation of sewage permit management system. Without approval, no unit or individual shall not be in the Shao water river and both sides of the new construction, alteration, expansion of river outfalls; has been approved by the river outfalls should be set up in accordance with the requirements of the approval and to achieve discharge standards, shall not be unauthorized to change the setup standards and requirements.
Prohibit units and individuals without a sewage discharge permit or in violation of the provisions of the sewage discharge permit to discharge wastewater and sewage into the water body.
The competent department of river outfalls shall do a good job of registering, coding and labeling river outfalls.
Article 11 of the Shao water basin people's governments at or above the county level shall promote rainwater, sewage diversion and renovation. The construction of new urban areas shall implement rainwater, sewage diversion, old urban areas gradually expand the coverage of rainwater, sewage diversion.
Shao water basin people's governments at or above the county level, the township people's government shall establish centralized urban sewage treatment facilities, to ensure the normal operation of sewage treatment facilities, to achieve sewage discharge standards.
Public **** sewage network can not be covered by the key sewage disposal units, should build their own sewage treatment facilities, the installation of online testing and monitoring equipment, save the original monitoring records, to achieve the standard discharge of sewage.
Article XII of the Shao water basin in urban areas of river garbage, floating debris, harmful algae cleanup and salvage, transfer work by the city management department is responsible for the specific scope of the people's government of the county level or above by the location of the people's government delimitation; other rivers by the people's government of the county level of the location of the department or unit responsible for the department or unit.
Shao water basin reservoirs, dams, hydroelectric power stations and other water conservancy and hydropower project management and operation units should do a good job of cleaning and salvaging of river garbage, floating materials, harmful algae within the management area.
Related responsible units should do a good job of cleaning and salvaging river garbage, floating objects, harmful algae in a timely manner, and shall not be discharged downstream.
Salvage of floating debris, harmful algae should be harmless treatment.
Article XIII of the Shao water basin people's governments at or above the county level shall investigate the water bodies in the administrative area, announced to the community the location of black smelly water bodies, the responsible person and the deadline for meeting the standard, and systematically take the source of pollution control and interception, desilting and dredging, ecological restoration of the water and other measures to comprehensively remediate the remediation of the period of every half a year to the community to announce the management of black smelly water bodies.
Article XIV of the Shao water basin people's governments at or above the county level of water administration, ecological environment and other competent departments shall establish and improve the water resources, water environment, urban water supply monitoring network, in accordance with national technical standards and norms, focusing on monitoring the Shao water basin administrative areas of the cross section, river control section, important water function areas and river outfalls of the water quality, water pollution, and regularly announced the results of the monitoring.
Water quality monitoring data as the Shao water basin counties (cities, districts) people's government environmental protection performance evaluation and responsibility assessment of the important basis.
Chapter III Ecological Protection
Article 15 The people's governments at or above the county level of the Shao River Basin shall, according to the needs of the ecological environment of the Shao River Basin, organize and carry out the Shao River water sources, wetland protection and restoration, construction of artificial wetlands, water conservation forests, along the river vegetation buffer zones and isolation zones, and other ecological environment management and protection projects according to local conditions.
Article 16 The people's governments at or above the county level in the Shao water basin shall strengthen afforestation, increase the efforts of returning farmland to forests, and sealing off the mountains for forestation, increase the forest coverage, adjust the structure of the tree species and the structure of the forest stand, enhance the capacity of the forest water source, and prevent the erosion of soil and water.
Any unit or individual shall not unauthorized logging Shao water basin water conservation forests, soil and water conservation forests, ecological public welfare forests and change the use of wetlands, due to the public **** interests of the need to cut down forests, occupying wetlands, should be in accordance with the law to deal with the relevant approval procedures.
Article 17 The people's governments at or above the county level in the Shao water basin shall strengthen the management of small watersheds, prevent soil erosion, carry out dynamic monitoring of soil erosion, and prepare an annual bulletin on soil and water conservation; and organize the protection, remediation, and desilting of the reservoirs and ponds in the Shao water basin to enhance the capacity of water conservation and water storage, and to improve the conditions of irrigation and the water environment of the small watersheds.
Article 18 of the Shao water basin to implement the total amount of water withdrawal control system, the water administration department shall scientifically determine the regional water withdrawal control index, unified planning, balancing the interests of urban and rural residents to meet the priority of living water.
In addition to the laws and regulations do not need to apply for a water permit, water units and individuals shall apply to the competent department of water administration to obtain a water permit, and in accordance with the provisions of the water permit to withdraw water.
The people's governments at or above the county level in the Shao water basin shall establish and improve the water conservation investment guarantee and incentive mechanism, strengthen the total amount of water use control and quota management, and guide the comprehensive utilization of water resources by water-using units and individuals, and support the recycling of water.
Article 19 of the Shao water basin people's governments at or above the county level, the competent fisheries department shall annually scientific organization and implementation of aquatic organisms artificial propagation and release.
Encourage units and individuals to participate in and carry out aquatic organisms breeding and releasing activities by subscribing to the release of seedlings, donations, volunteer activities and other ways and means. Units and individuals to carry out their own aquatic organisms breeding and releasing activities, should be fifteen days in advance to the local people's government at or above the county level of the competent department of fisheries to report to the breeding and releasing the types, quantities, specifications, time and location of the matter, to accept the supervision and inspection.
The people's governments at or above the county level in Shao Shui Basin shall organize the relevant competent departments to strengthen the monitoring, early warning and prevention of the invasion of alien harmful species in Shao Shui Basin such as Fuchsia snail, Fenugreek, and water hyacinth.
Article 20 It is prohibited to blow up, poison or electrocute fish; and it is prohibited to use prohibited fishing gears such as ground cages, fishnets, diving fish guns and other gears smaller than the smallest mesh size for fishing as well as other methods destroying the fishery resources as stipulated by laws and regulations for fishing.
Fishing is prohibited from March 1 to June 30 each year; Shao Shui is set up as a closed area, the specific scope of which is determined by the people's government at or above the county level.
Prohibition of fishing activities in the drinking water source protection zone; in other areas of the Shao water basin engaged in fishing and other activities, should be promptly cleaned up the resulting garbage and waste.
Chapter IV River Management
Article 21 The management scope of the river in Shao Shui Basin with embankment shall be the waters between the two banks of the embankment, the sandbar, the beach (including arable land), the floodplain, the two banks of the embankment and the berm; the management scope of the river in Shao Shui Basin without embankment shall be determined according to the highest historical flood level or the design flood level.
Shao water river management range by the people's governments at or above the county level in accordance with the provisions of the preceding paragraph, and set up signs.
Article 22 Within the management area of Shao Shui River channel, the following acts are prohibited:
(1) mining sand within the management area of the river channel without authorization or not in accordance with the provisions of the competent authority of the river channel;
(2) reclaiming the river, encroaching on the river channel and the beachland by way of filling, crowding, covering, etc.;
(3) dumping garbage, slag, and waste materials;
(d) use of river channels, continental islands, beach land for planting and other activities that affect flooding or damage the ecological environment;
(e) engage in net-box farming and other farming activities that may cause water pollution;
(f) engage in water catering and other business activities that may cause water pollution;
(g) other harm to the river.
Article 23 The people's governments at or above the county level in the Shaohe River Basin shall establish an inspection system for construction activities within the management area of the river, and prohibit the construction of new buildings, structures and their ancillary facilities within the management area of the Shaohe River, except for the necessary public **** facilities for flood control and drainage, irrigation and so on.
Shao Shui river management area has been built within the illegal buildings, structures and their ancillary facilities should be removed by the deadline. Late demolition, the people's government at or above the county level shall instruct the relevant departments or units to be forced to demolish, and the required costs shall be borne by the offender.
Article 24 The water administration department of the people's government at or above the county level in Shao Shui Basin shall formulate the river dredging plan in Shao Shui Basin, carry out the river dredging, the dredging program shall be scientifically proven by the water administration, ecological environment and other relevant authorities, and do a good job of recycling or harmless treatment of sludge.
Article 25 The water conservancy projects in the Shao water basin in strict accordance with the comprehensive plan for the protection of Shao water and the relevant professional planning requirements for the construction and maintenance.
The competent department of water administration of the people's government at or above the county level of Shao water basin shall carry out regular maintenance of flood gates and sand flushing gates in the basin to ensure normal operation.
New hydroelectric power stations are prohibited in the Shao Water Basin, and backward and obsolete hydroelectric projects are gradually eliminated and withdrawn.
Chapter V Legal Liability
Article 26 If the relevant departments of the people's governments at or above the county level of Shao Shui Basin and their staff violate the provisions of these regulations and commit any of the following acts, the directly responsible persons in charge and other directly responsible persons shall be punished according to law; if a crime is constituted, the person who commits the crime shall be held criminally liable according to law:
(1) Unauthorized change of Shao Shui Basin without approval Protection Comprehensive Plan and related professional planning content, and not in accordance with the requirements of the plan to carry out construction and protection;
(ii) failure to perform the supervision and management of water pollution prevention and control responsibilities;
(iii) non-compliance with the provisions of the river management, violation of the approval of engineering and construction projects;
(iv) non-execution of the total amount of water abstraction control system;
(v) failure to fulfill the provisions of these regulations (e) Failure to fulfill other duties prescribed by these Regulations.
Article 27 Anyone who violates the provisions of paragraphs 1 and 2 of Article 20 of these Regulations by blowing up, poisoning or electrocuting fish, or fishing with prohibited fishing gears and gears smaller than the minimum mesh size, or fishing with other methods destroying the fishery resources as stipulated by laws and regulations, or fishing in violation of the provisions on the closed areas and closed seasons, shall be subject to confiscation of the catch and the illegal proceeds by the competent department of the people's government in charge of the fishery sector at or above the county level, and shall be sentenced to a fine of five hundred yuan to five hundred yuan. proceeds, and impose a fine of not less than 500 yuan and not more than 50,000 yuan; in serious cases, confiscate the fishing gear and revoke the fishing license; in particularly serious cases, the fishing vessel may be confiscated.
In violation of the provisions of the third paragraph of Article 20 of these Regulations, in the drinking water source protection zone engaged in fishing activities, by the people's government at or above the county level of the ecological environment department shall order to stop the illegal behavior, and may impose a fine of two hundred yuan or more than five hundred yuan; in the ShaoWei watershed engaged in fishing and other activities in other areas, and did not do a good job of cleaning up the garbage, waste, by the people's government at or above the county level of water administration department or urban management department in accordance with their responsibilities. The competent department of water administration or urban management department of the people's government at or above the county level shall, in accordance with the division of responsibilities, give a warning and order rectification; if the person refuses to rectify the situation, he or she shall be fined not less than fifty yuan and not more than two hundred yuan.
Article 28 Anyone who violates the provisions of the first paragraph of Article 22 of these Regulations and extracts sand within the management area of a river channel without authorization or in accordance with the provisions of the competent authority of the river channel shall be ordered by the competent department of water administration of the people's government at or above the county level to stop the illegal act, confiscate the illegal proceeds and the illegal sand extracting equipment, and revoke the license for sand extraction of the river channel, and may be fined from 100,000 to 300,000 yuan.
In violation of the provisions of the second paragraph of Article 22 of these Regulations, reclaiming a river channel, encroaching on a river channel or beachland by filling, crowding, covering, etc., the competent department of water administration of the people's government at or above the county level or the urban management department shall order to stop the illegal act, restore the original state or take other remedial measures, and may impose a fine of not less than 500 yuan and not more than 50,000 yuan; if neither restore the original state nor take other remedial measures, it shall restore the original state or take other remedial measures on behalf of the people's government. If you do not restore the original state or take other remedial measures, on behalf of the restoration of the original state or take other remedial measures, the necessary costs shall be borne by the offender.
In violation of the provisions of Article 22 (3) and (4) of these Regulations, where a person dumps garbage, slag and waste within the management area of a river channel, or uses a river channel, island or beach to engage in planting or other activities that affect flooding or damage the ecological environment, the competent water administration department of the people's government at or above the county level or the urban management department shall order the person to stop the illegal act, remove the obstruction or take other remedial measures, and may impose a fine of a fine of not less than five hundred yuan and not more than fifty thousand yuan.
In violation of the provisions of Article 22(5) of these Regulations, if a person engages in net-pen farming in a drinking water source protection zone, the competent department of ecology and environment of the people's government at or above the county level shall order the cessation of the illegal act, and impose a fine of RMB 20,000 yuan or more than RMB 100,000 yuan or less; if a person engages in net-pen farming in other areas of Shao Shui Basin, the competent department of fishery of the people's government at or above the county level shall order the removal of the farming facilities within a certain period of time and may also impose a fine of not less than five hundred yuan and not more than ten thousand yuan.
In violation of the provisions of Item 6 of Article 22 of these Regulations, if a person engages in water catering and other business activities that may cause water pollution, he shall be ordered by the competent department of ecology and environment of the people's government at or above the county level to stop the business; if he refuses to stop the business, he shall be confiscated by the people's government at or above the county level of the competent departments of ecology and environment, water administration and other departments of the people's government that organize the confiscation of the facilities, tools and other belongings specially used for the operation of catering and he may be fined at a fine of more than twenty thousand yuan The following fine.
Article 29 Violation of these regulations of other acts, laws and regulations have been provided for administrative penalties, from its provisions.
Chapter VI Supplementary Provisions
Article 30 These Regulations shall come into force from January 1, 2020 onwards.